The Freedom of Information Act (FOIA) Act

What is the Freedom of Information Act (FOIA)?
What is the Electronic FOIA Act (E-FOIA)?
What is a FOIA Request?
What Are Agency Records?

What is the Freedom of Information Act (FOIA)?

The Freedom of Information Act - "FOIA" or "the Act" is a law enacted in
1966 (5 U.S.C. 552). Basically, the public or any individual
has the right to know or be informed about activities, decisions and policies
of U.S. Federal Agencies. The Freedom of Information Act has played
a unique role in strengthening our democratic form of government. The
statute was enacted based upon the fundamental principle that an informed
citizenry is essential to the democratic process and that the more the American
people know about their government the better they will be governed.
Openness in government is essential to accountability and the Act has become
an integral part of that process. EPA's regulations concerning implementation
of FOIA are found in Title 40 Code of Federal Regulations, Part 2.

What is the Electronic FOIA Act (E-FOIA)?

FOIA was significantly amended in 1996 (The Electronic Freedom of Information
Act Amendments of 1996) to embrace the revolution in electronic data collection
and communication. Most records created as of November 1, 1996 must
be made available online (if the Agency has on-line capability) or in another
electronic format (i.e., CD-ROM or computer diskette). Federal Agencies
(including EPA) must create an index of material frequently requested under
FOIA and must make that index available online by the end of 1999.

What is a FOIA Request?

A FOIA request is a written request received by a Federal Agency from any
individual or entity requesting records including databases in the possession
or control of the agency. The U.S. Environmental Protection Agency (EPA)
has records and data pertaining to human health and the environment.
Letters, faxs and e-mails are all considered to be written requests.

Fee Schedule

With certain specific exceptions authorized by the FOIA Reform Act of 1986,
a fee will generally be charged when more than one-half staff hour of work
is devoted to locating, reviewing and making available for inspection or copying
records requested pursuant to the FOIA. These fees will recoup the full allowable
direct costs incurred. In accordance with the EPAs revised FOIA regulations
(40 CFR 2.100, et. seq.), effective November 5, 2002, the Agencys fees
for processing requests have changed. The new fee schedule is as follows:

Clerical staff time billed at $4.00 per 15 minutes of search and/or review

Professional staff time billed at $7.00 per 15 minutes of search and/or
review

Managers time billed at $10.25 per 15 minutes of search and/or review

No fee will be charged for services at or below $14.00

Assurance of payment of fees above $25.00 will be obtained from the requester
before commencing any work

Advance payment of fees above $250 may be required by the Agency before
commencing any work

The EPA may determine to waive or reduce fees in cases where furnishing
the information primarily benefits the general public by significantly assisting
citizens in understanding how their government works. Requests for waiver
or reduction of fees should be submitted with the requests for records under
the FOIA. Please include in any waiver request relevant facts or arguments
which might support the request.

Fee Categories

Fees charged vary with the status or purpose of the requester. Different
fees are charged to commercial users, representatives of the news media, educational
or noncommercial scientific institutions, and individuals.

ALL OTHERS: No charge for review and first two hours of search; $ 4.00,
$ 7.00 or $10.25 per 1/4 hour for search thereafter; $0.15 per page for
copies (first 100 copies free).

Miscellaneous fees include:

Certification/authentication - $25.00
Other costs will be charged at the actual direct cost to EPA.

Fee Waivers and Reductions:

The Freedom of Information Reform Act of 1986 provides that documents shall
be furnished without any charge or at a reduced charge if disclosure
of the information is in the public interest because it is likely to contribute
significantly to general public understanding of the operations or activities
of the government and is not primarily in the commercial interest of the requester.

A fee waiver or reduction of fees must be requested and justified by supporting
documentation. If you request a fee waiver, explain how the information
will be used in the public interest and to what extent, if any, use of the
information will be in your commercial interest. Include statements
on how you plan to disseminate the information, as well as your qualifications
that are relevant to any specialized use of the documents.